Legal Implications of Marriage Registration

The Indonesian legal system requires every married couple to register their marriage. Article 2 of Law No. 1/1974 on Marriage stipulates that a marriage is legitimate if it is carried out in accordance with the laws and religions/beliefs of the couple and? registered according to the applicable laws and regulations.

In addition to Law No. 1/1974, the laws and regulations governing marriage registration are Government Regulation No. 9/1975 on the implementation of Law No. 1/1974 on Marriage and Law No. 23/2006 on the Administration of the Population.

Marriage registration is required for? Indonesian citizens and foreigners at the request of the person concerned.?

How about the marriage of a couple of Indonesian citizens held abroad??

Article 56 paragraph 1 of Law No. 1/1974 stipulates that the marriage is legitimate if it is carried out according to the applicable laws and regulations in a foreign country where the marriage takes place and does not violate the provisions of the applicable laws and regulations in Indonesia.

However, marriages held abroad must be registered? to the authority in that foreign country or to the representatives of the Republic of Indonesia in that country within a period of no later than thirty days after the marriage takes place.

Although Law No. 1/1974 does not explicitly regulate sanctions or legal consequences if an Indonesian couple fails to register their marriage abroad, Supreme Court Circular No. 3/ 2015 rules that "in the event that a marriage takes place in a foreign country and that the marriage is not registered at the marriage registrar's office in Indonesia, the marriage is considered to have never existed."

Unregistered marriages have legal implications such as, problems with the status of children, inheritance rights, and property rights.

Article 42 paragraph 1 of Law No. 1/1974 states that "a legitimate child is a child born in or as a result of a legitimate marriage". Article 43 paragraph (1) of Law No. 1/1974 stipulates that a child born out of an unregistered marriage has civil relationship with the biological mother and the biological mother's family but no civil relationship with the biological father and the biological father's family.

However, Article 863 to 873 of the Civil Code stipulate that an illegitimate child is entitled to inherit from his biological father if the child is acknowledged by his? biological father (heir) or if the illegitimate child gets his/her status legitimized at the time of the marriage of his/her biological parents.

In 2010 the Constitutional Court? issued Decision Number 46/PUU-VIII/2010 stipulating that Article 43 of Law No. 1/1974 must be understood as? "children born out of wedlock have a civil relationship with their mothers and their mothers' families as well as that with men – who can be proven based on science and technology and/or other valid evidence that the men have blood relations with the children,? and their fathers’ families.

Without marriage records, the civil rights such as inheritance rights and joint property of? the wives and children of unregistered marriages will not be protected by the state.